Preapproved List of Vendors for Laundry and Linen Services · INVITATION FOR BIDS No. 01-2013 Mississippi Preapproved List of Vendors for Laundry and Linen Services Personal Service

INVITATION FOR BIDS No. 01-2013

Mississippi

Preapproved List of Vendors for

Laundry and Linen Services

Personal Service Contract Review Board

Mississippi State Personnel Board

210 East Capitol Street, Suite 800

Jackson, Mississippi 39201

Contact: Teselyn Funches

[email protected]

Date: March 5, 2013

Table of Contents

Authority (Section 1)......................................................................................................................1

Purpose (Section 2) ........................................................................................................................1

Timeline (Section 3) .......................................................................................................................1

PSCRB Contact and Questions/Request for Clarification (Section 4) ......................................1

Scope of Services (Section 5) .........................................................................................................2

Basis for Award (Section 6) ...........................................................................................................3

Contract Deliverables (Section 7) .................................................................................................3

Minimum Bidder Qualifications to be Deemed Responsible (Section 8) ..................................8

Duration (Section 9) .......................................................................................................................8

Removal from Preapproved List of Vendors of Laundry and Linen Services (Section 10) ...9

Bid Submission Requirements (Section 11) .................................................................................9

Submission Format (Section 11.1) ...............................................................................................9

Bid Cover Sheet (Section 11.1.1) .............................................................................................9

Bid Form (Section 11.1.2) ........................................................................................................9

References (Section 11.1.3) ......................................................................................................9

Submission Requirements (Section 11.2) ....................................................................................9

Bidder Certification (Section 12) ................................................................................................11

Debarment (Section 13) ...............................................................................................................11

Registration with Mississippi Secretary of State (Section 14) .................................................11

Insurance (Section 15) .................................................................................................................11

Bid Opening (Section 16) .............................................................................................................12

Award Notification (Section 17) .................................................................................................12

Procurement Methodology (Section 18).....................................................................................12

Restrictions on communication with PSCRB and MSPB staff (Section 18.1) ..........................12

Cost of preparing bid (Section 18.2) ..........................................................................................12

Independent price determination (Section 18.3) ........................................................................12

Rejection of bids (Section 18.4) .................................................................................................12

Withdrawal of bids (Section 18.5) .............................................................................................13

Protests (Section 18.6) ................................................................................................................13

Required Contract Terms and Conditions (Section 19) ...........................................................13

Optional Contract Terms and Conditions (Section 20) ............................................................13

Note to Agencies and Vendors (Section 21) ...............................................................................14

Attachments (Section 22) .............................................................................................................14

Map of Mississippi Divided into Regions (Attachment A) ........................................................15

Illustrative Example of Awarding Placement on Preapproved List and Ranking Bids per

Formats (Attachment B) .............................................................................................................16

Bid Cover Sheet (Attachment C) ...............................................................................................18

Bid Forms (Attachment D) .........................................................................................................20

References (Attachment E) ........................................................................................................22

References Score Sheet (Attachment F) .....................................................................................23

Required Clauses for Service Contracts Resulting from this IFB (Attachment G) ...................24

Optional Clauses for Use in Service Contracts Resulting from this IFB (Attachment H) .........29

Mississippi State Personnel Board Website (Section 23)..........................................................14

IFB for Laundry and Linen Services 1

GENERAL INSTRUCTIONS

Section 1 – Authority

Miss. Code Ann. § 25-9-120 established the Personal Service Contract Review Board (PSCRB)

in 1997. Pursuant to this statute, the PSCRB “may establish a preapproved list of providers of

various personal and professional services for set prices with which state agencies may contract

without bidding or prior approval from the board.”

Section 2 – Purpose

The PSCRB is seeking to establish a Preapproved List of Vendors for Laundry and Linen

Services for use by state agencies under the purview of the PSCRB (hereafter “agencies”). The

PSCRB is inviting bids from qualified laundry and linen companies for placement on the list.

After the list is established, agencies may select and contract with vendors from the list, avoiding

the need for procurement. Contracts over $100,000 must still be approved by the PSCRB.

Section 3 – Timeline

Invitation for Bid (IFB) Issue Date: March 5, 2013

Questions to PSCRB Deadline: March 19, 2013, 5:00 PM CST

Written Answers to Questions Posted: March 22, 2013, 5:00 PM CST

Bid Package Submission Deadline: April 4, 2013, 1:00 PM CST

Bid Opening: April 4, 2013, 1:15 PM CST

Section 4 – PSCRB Contact and Questions/Requests for Clarification

4.1 All questions and requests for clarification must be directed by email to:

Teselyn Funches, Director

Personal Service Contract Review Board Email: [email protected]

4.2 Questions and requests for clarification must be submitted via email by the deadline

reflected in Section 3.

4.3 All questions and answers will be published on the Mississippi State Personnel Board

website (http://www.mspb.ms.gov) in a manner that all bidders will be able to view by the

date and time reflected in Section 3.

4.4 The PSCRB will not be bound by any verbal or written information that is not contained

within this IFB unless formally noticed and issued by the contact person.

mailto:[email protected]

http://www.mspb.ms.gov/


Section 5 - Scope of Services

5.1 The Contractor shall furnish all labor, materials, supplies, equipment, and supervision

necessary for the completion of all laundry and linen services specified. The Contractor

shall furnish an initial inventory of new, clean and sanitized items equal to the amounts

required by the Agency for the initial delivery. Subsequent deliveries shall be based on

actual usage or as determined by the Agency. Professional laundry and linen services

include, but are not limited to, sorting, washing, sanitizing, tumbling (drying), starching,

ironing (pressing), folding, mending, marking, bundling, and delivery.

5.2 The Contractor shall furnish all equipment necessary to perform these services. If carts are

necessary, the cart casters shall be the non-marking type. The equipment and materials

provided by the Contractor (laundry carts, soiled linen bags, linens, etc.) shall remain the

property of the Contractor. The Agency will take reasonable precautions that the

Contractor’s equipment is maintained and utilized in a safe manner and shall report any

breakage or damage to the Contractor’s representative immediately. The Agency shall be

responsible for replacement cost on equipment on a prorated basis as determined by age

and initial purchase cost when said damage or loss occurs while items are in Agency’s

custody. Documentation of initial purchase cost shall be provided to the Agency upon

request. The Contractor shall bear the burden of proof that such loss or damage did occur

while said items were in the Agency’s custody. Any requests for claimed additional loss

by the Contractor shall be required to include proof to the satisfaction of the Agency that

the loss did occur. By submitting a bid, the Contractor acknowledges that the decision of

the Agency shall be final in these instances. All linen claimed to have been lost, stolen, or

maliciously damaged will be billed separately and include all supporting documentation as

required by the Agency. Any requests for claimed additional loss by the Contractor shall

require proof to the satisfaction of the Agency that the loss did occur. Routine replacement

cost of linen shall be included in the individual bid price of each item and based upon

industry standard rates. Replacements will be automatic in cases of normal wear and tear

at no additional cost to the Agency.

5.3 The Contractor is responsible for damages to linen other than normal wear and tear. The

Contractor will replace, at the Contractor’s own cost, state owned articles that are damaged,

lost or destroyed while in the Contractor’s possession. Items that are beyond cleaning will

be separated out and after securing permission from the appropriate agency representative

disposed of by the Contractor. The Contractor shall provide a complete itemized list(s) to

the agency representative of all items disposed.

5.4 Services may be provided at a large range of facilities. Each agency may have more than

one location and in different regions of the state. Most agencies operate on a Monday –

Friday, 8:00 AM to 5:00 PM schedule. Some agencies may require ad hoc pickup and

delivery.

5.5 Agencies may have additional minimum requirements, including specific certifications,

licenses, designations, and/or trainings pertinent to agency operations. Examples include,

but are not limited to, the following: valid Mississippi driver’s license; successful drug test

passage; completion of specialized training (i.e. Healthcare Laundry Accreditation Council

(HLAC) accredited, Joint Commission on Accreditation of Healthcare Organizations


(JCAHO) Medical Laundry accredited, Occupational Safety and Health Administration

(OSHA) Medical Laundry accredited, etc.). If required, the Contractor must provide copies

to the Agency. All certifications and licenses should be current and maintained in

accordance with the contract.

5.6 The preapproved list will be region-specific. The services may be provided in eight

different regions of the state, including: (1) North Delta; (2) North East; (3) South Delta;

(4) East Central; (5) Central; (6) Pine Belt; (7) South West; and, (8) Coastal. There will be

a separate preapproved list for each of these regions. (See Attachment A for a map

showing the regions and a listing of counties in each region). Bidders may bid to provide

services in one or more regions, or they may bid on all regions. To bid on a region, bidders

must complete the Bid Package and certify that they can provide services for the entire

region. For each region, the lowest qualified bidders will be added to the preapproved list.

(See 6.1 below.) Being placed on the preapproved list does not guarantee contracts

will be issued.

5.7 Detailed scope and specific requirements of the work required will be provided by the

Agency when a vendor on the preapproved list is selected for consideration with respect to

a specific project or need.

Section 6 – Basis for Award

6.1 The PSCRB intends to make awards to the three (3) responsive and responsible bidders per

region which provide the lowest costs. To determine which bids are lowest, the prices by a

bidder for a particular region will be averaged. After averaging, the three lowest, averaged

bids will be placed on the list for that region. The three winning bidders’ bids will be

ranked according to the lowest, second lowest, and third lowest price. (See Attachment B

for an example of how bids will be averaged, winning bidders chosen for a region, and

winning bidders ranked. This is for illustrative purposes only.)

6.2 Agencies are encouraged, but not required, to contact the lowest preapproved vendor for

the laundry and linen service or services needed. If that vendor is unable to supply the

service, the Agency may contact the next lowest vendor. If that vendor cannot supply the

service, the Agency may contact the third lowest vendor.

6.3 Bidders bidding on more than one region may bid different rates in different regions

for similar services.

Section 7 – Contract Deliverables

7.1 Upon execution of a contract with an agency, vendors on the preapproved list shall, with

respect to all laundry and linen services provided to an agency:

7.1.1 Provide adequate, constant, and clean supply of linens that meet the agencies

specifications and that are in good repair and meeting acceptable health standards.

The clean linens should be free of lint, objectionable odors, mildew, grease, paint,

or other significant stains. The linens should be in good usable condition and not

worn thin or torn without markings of any kind. The Contractor agrees to take


measures to prevent the delivery of such unusable or unacceptable items.

However, when erroneously delivered, the Contractor agrees to issue a credit for

such items that are stained or unusable in the agency’s opinion.

7.1.2 Process 100% of the laundry, linen, and clothing picked up in accordance with

customary and reasonable industry standards within two business days unless

otherwise noted and/or mutually agreed upon.

7.1.2.1 The Contractor will be solely responsible for determining the means and

methods for performing the laundry services. However, the Contractor

will perform these services in accordance with customary and reasonable

industry standards, such as, but not limited to JCAHO, OSHA, etc.

7.1.2.2 The Contractor shall launder all agency linens separately from other

clients’ laundry.

7.1.2.3 The Contractor shall wash separately all cleaning rags from other terry

cloth items.

7.1.2.4 Soiled laundry, linen, and clothing received by the Contractor with red

tags denote contaminated laundry, linen, and clothing. All contaminated

laundry, linen, and clothing shall be processed separate from regular

laundry, linen, and clothing.

7.1.2.5 White fabric should be bright white, pleasing to the eye and free of yellow

or gray tints or other unsightly appearance.

7.1.2.6 Items which fail to meet agency standards shall be re-washed, dried,

finished in accordance with acceptable commercial and/or health standards

or better at no additional cost to the Agency.

7.1.2.7 Clean linen items shall be bundled according to agency specifications.

Bundles shall be securely wrapped and sealed in poly-wrap to eliminate

dirt and dust filtration. Bundles shall be of a size easily lifted and

transported.

7.1.3 Provide delivery and pickup services as needed and/or scheduled by the Agency.

7.1.3.1 The Contractor and Agency shall develop a schedule of service. Failure to

maintain the schedule without concurrence of the Agency shall be

considered a service deficiency. Failure to deliver is considered in default.

Delivery and pickup days and times may be changed to meet Agency

needs when mutually agreed to by both parties.

7.1.3.2 The Contractor shall ensure all delivery/pickup services are conducted

during the hours specified by the contracting agency, usually 8:00 a.m. –

5:00 p.m. No work shall be conducted outside of these hours without the

express written approval of the Agency, documented by the appropriate


agency representative. Pickup of soiled linen may be a minimum of two

times weekly and preferably more often but in accordance with agency

requirements. Agency staff will collect soiled linen and will have it at the

pickup point. The Contractor shall be responsible for movement of soiled

linen from the pickup point to the vehicle. The Contractor shall also be

responsible for the movement of clean linen from the delivery vehicle to

the designated delivery point.

7.1.3.3 Orders for clean linen shall be submitted to the Contractor a minimum of

two business days before scheduled delivery.

7.1.3.4 Any delivery/pickup that takes place outside of the scheduled time will

result in the Contractor being charged $50.00 per hour for every hour

outside of the scheduled times up to $500.00.

7.1.3.5 Receipt of clean linen deliveries shall require written acknowledgement of

an agency representative.

7.1.3.6 In the event of an incomplete linen delivery, the Contractor shall have

those shortages delivered before 10:00 a.m. on the next business day, if

required by the Agency.

7.1.3.7 If a regular or shortage delivery is needed on a holiday observed by the

Contractor, the delivery shall be made prior to or on the holiday, if

required by the Agency.

7.1.3.8 Emergency unscheduled requirements for linen shall be delivered by the

Contractor within twenty-four (24) hours of notification by the Agency.

7.1.3.9 Soiled linen shall be bagged and placed in a laundry cart when available.

Linen carts that contained soiled linen shall be cleaned by the Contractor

with a disinfecting agent prior to being used for clean linen.

7.1.4 Agree to use no linens or other items covered under this agreement which are

stamped with a name, logo, and print of another customer, and/or stained, torn or

of a generally worn and abused appearance.

7.1.5 Reimburse the Agency or credit the refunded amount to the agency’s account

when the Agency must refund fees due to inferior or nonconforming linens.

7.1.6 Maintain inventory levels. The Agency reserves the right to make adjustments to

the inventory levels as the need occurs. At each delivery, the Contractor shall

count existing clean linen and deliver the quantity meeting the inventory level.

The delivery person shall present items to the agency’s representative for

acceptance and signature. The Contractor shall invoice the Agency at the time of

delivery for the actual pieces of clean linen delivered to the Agency. Known

shortages, if any, shall be credited on the invoice at the time of delivery. Since it

is not always practical to count each piece of linen in each bundle at the time of


delivery, any undetected overages or shortages shall be charged or credited on the

next invoice. The linen shall be counted by the appropriate agency representative

at the time it is unloaded for delivery. The Agency will advise the Contractor’s

representative of any discrepancies and discuss adjustments to the invoice within

10 business days.

7.1.7 Provide linen that meets the following minimum specifications:

7.1.7.1 All linens shall be white in color and shall not contain any logos or prints.

7.1.7.2 All sheets and pillow cases shall be white percale and have a minimum of

180 thread count and a minimum cotton content of 50%.

7.1.7.3 All towels and bath cloths shall be terry and have a minimum cotton

content of 50%.

7.1.7.4 Thermal blankets shall be cotton or cotton blend.

7.1.7.5 Adult bibs shall have Velcro closures and be 85% cotton and 15%

polyester.

7.1.7.5 Pertinent size, dimensions, and estimated weekly usage ranges are listed

below:

Item Description

Low Est.

Weekly Usage

Range

Medium Est.

Weekly Usage

Range

High Est.

Weekly

Usage Range

Bath Towel (20” x 40” min; 22” x 44” max) 0-4,833 4,834-9,666 9,667+

Hand Towel (12” x 24” min; 18” x 30” max) 0-88 89-176 177+

Wash Cloth (12” x 12” min; 13” x 13” max) 0-5,000 5,001-10,000 10,001+

Bar/Dish/Kitchen/Grill Towel (15” x 17”) 0-230 231-460 461+

Bath Mat (25.5” x 19”) 1-167 168-334 335+

Pillow Case (20” x 30” min; 42” x 34” max) 1-1,333 1,334-2,666 2,667+

Twin Sheet – Flat 0-2,667 2,668-5,334 5,335+

Twin Sheet – Contour/Fitted 0-1,667 1,668-3,334 3,335+

Twin Blanket 0-400 401-800 801+

Twin Mattress Cover 0-263 264-526 527+

Full Sheet – Flat 0-133 134-266 267+

Full Sheet – Contour/Fitted 0-133 134-266 267+

Full Blanket 0-133 134-266 267+

Full Mattress Cover 0-133 134-266 267+

Queen Sheet – Flat 0-133 134-266 267+

Queen Sheet – Contour/Fitted 0-133 134-266 267+

Queen Blanket 0-133 134-266 267+

Queen Mattress Cover 0-133 134-266 267+

Thermal Blanket (Twin Size) 0-400 401-800 801+

Rug, rubber with carpet (3’ x 5’) 0-11 12-22 23+


Rug, rubber with carpet (4’ x 6’) 0-5 6-10 11+

Dust Mop 24” 0-5 6-10 11+

Dust Mop 48” 0-5 6-10 11+

Aprons 0-8 9-16 17+

Bed/Incontinent Pad (34” x 36”) 0-1,833 1,834-2,666 3,667+

Clothing Protector (17” x 38”) 0-1,333 1,334-2,666 2,667+

Washable Brief 0-100 101-200 201+

Adult Bib (18” x 30”) 0-1,833 1,834-3,666 3,667+

Laundry Bag 0-5 6-10 11+

The Agency estimated weekly usage should be calculated over the term of

the contract. Actual weekly usage will vary depending on current

conditions and needs of the contracting agency.

Prices submitted shall reflect a cost per individual item of linen listed on

the bid form and volume discount (if any), including all costs associated in

providing this service. Prices shall include an allowance for usual and

customary loss and replacement costs based upon industry standard rates.

Quantities listed should not be considered as exact amounts needed nor

guaranteed. Contractor shall bill for actual usage.

7.1.8 Warrant that his laundry and cleaning facilities are capable of finishing all

submitted articles to acceptable commercial and/or health standards or better, and

that said performance standards shall be maintained throughout the entire period.

Services shall be performed to maximize the life expectancy of the linen.

7.1.9 Establish the necessary back-up systems to ensure uninterrupted service. The

Contractor shall absorb all cost incurred when a back-up system is required. The

Contractor must have or install a Disaster Recovery or Emergency Services Plan

that discusses solutions for potential labor shortages, strikes, water shortages,

power outages, equipment malfunction, system crashes, facility shutdown,

epidemics, and procedures to ensure contract performance of uninterrupted

service in the event of disasters such as fire, flood, earthquake, tornado, hurricane,

snow, building collapse, etc. Examples include, but are not limited to, backup

personnel and other resources, alternate facilities and distribution centers, etc.

7.1.10 Be responsible for any damage to the building, interior, or their approaches in

delivering and/or picking up of equipment, laundry, linen, or clothing.

7.1.11 Operate and maintain vehicle(s) in accordance with all applicable laws and

regulation of the State of Mississippi and those established by the Agency at the

vendor’s expense. The Contractor will use the Contractor’s own vehicles or a

carrier to transport to and from the designated delivery or pickup point. The

Agency is not responsible for pickup or delivery of linens.

7.1.12 File all claims against the carrier(s) for damages incurred to items from the point

of origin to the ultimate destination. The State will not accept or pay for damaged

goods. The State will provide the Contractor with written notice when damaged


goods are received. The State will deduct the cost of the damaged goods from the

invoice prior to payment. The Contractor must file all claims against the

carrier(s) for reimbursement.

7.1.13 Have and/or install a Quality Control Program to assure quality services to the

Agency. Such controls shall meet the recommendations of the JCAHO for

laundries, if necessary and/or appropriate.

7.1.14 Abide by all ordinances and laws pertaining to the agency’s operation and secure

all required licenses, permits, certifications, trainings, background investigations,

fingerprint checks, and drug tests.

7.1.15 Administer and maintain all employment and payroll records, payroll processing,

and payment of payroll checks and taxes, including the deductions required by

state, federal and local laws such as social security and withholding taxes.

7.1.16 Make all unemployment compensation contributions as required by federal and

state law and process claims as required.

7.1.17 Replace, at no additional expense to the Agency, any employee not performing

satisfactorily within 48 hours.

7.1.18 Perform all services provided in the contract between the bidder/vendor and the

Agency in accordance with customary and reasonable industry standards.

Section 8 - Minimum Bidder Qualifications to be Deemed Responsible

8.1 Bidder must have been in business and providing laundry and linen services similar in

requirements and scale to those described in this IFB for a minimum of five years.

8.2 Bidder must maintain an office in each region bid (or, if bidder does not have an office in

the region, bidder must explain how it will service the region bid on the Bid Cover Sheet,

Attachment C) and must provide all the required information for each region bid, for

verification purposes.

8.3 Bidder must maintain a sufficient pool of qualified workers to fill the requests from

agencies. Please provide on the Bid Cover Sheet (Attachment C) the average number of

workers you have.

8.4 These minimum qualifications are in addition to a minimum score of four on the Reference

Score Sheet (Attachment F) from reference interviews by the PSCRB with two bidder

references (for a total minimum score of eight), as well as all other requirements of this

IFB. (See Section 11.1.3 and Attachments E and F.)

Section 9 - Duration

Vendors added to the preapproved list will remain on the list until April 15, 2016. Prices

submitted in response to this IFB will remain firm and valid, except that a bidder may raise


prices to reflect a rise in the federal minimum wage, but only to the extent of the actual minimum

wage increase.

Contracts procured using the resulting Preapproved List of Vendors of Laundry and Linen

Services may be renewed at the discretion of the Agency upon written notice to the Contractor at

least 60 days prior to the contract anniversary date for a period of one year under the same

prices, terms, and conditions as in the original contract and IFB. The total term length of a

resulting contract shall not exceed four years with an option to renew for one-year.

Section 10 – Removal from Preapproved List of Vendors of Laundry and Linen Services

Vendors added to the preapproved list may be removed from the list for cause by the PSCRB.

Section 11–Bid Submission Requirements

11.1 Submission format

The bid package must be sealed and must contain the following:

11.1.1 Bid Cover Sheet (Attachment C).

11.1.2 Bid Form (Attachment D) – all pricing must be submitted on the bid form.

11.1.3 References (Attachment E) – each bidder must furnish a listing of at least three

trade references along with the contact person, address, and phone number for

each. These references must be familiar with the bidder’s abilities in the areas

involved with this solicitation. The PSCRB will use these references to determine

the bidder’s ability to perform the services. It is the responsibility of the bidder to

ensure that the reference contact information is correct and current. The PSCRB

will not track down references. Bidders should verify before submitting their bid

that the contact person and phone number are correct for each reference. The

PSCRB must be able to reach two references for a bidder within two

business days of bid opening to be considered responsive. Further, the

bidder must score a minimum of four (4) points on each Reference Score

Sheet which will be used by the PSCRB staff when interviewing the two

references (for a total minimum scoring requirement of eight (8) points) to be

considered responsive. (See Section 8.5 and Attachments E and F.) Only

bidders who are found responsive will have their bids considered. Bidder may

submit as many references as desired. The PSCRB will begin contacting

references at the top of the list and will continue down the list until they have

completed Reference Score Sheets for two references. After two score sheets are

completed, the staff will stop the reference check process.

11.2 Submission requirements

11.2.1 Bidders bidding on more than one region should submit a complete bid package

for each region and mail or deliver in separate sealed envelopes.


11.2.2 The original and one copy of the bid package shall be signed and submitted in a

sealed envelope or package to 210 East Capitol Street, Suite 350, Jackson, MS

39201 no later than 1:00 p.m. (CST), Thursday, April 4, 2013. (Also see,

11.2.4. and 11.2.12.)

11.2.3 Timely submission of the bid package is the responsibility of the bidder. Bids

received after the specified time will be rejected and returned to the bidder

unopened.

11.2.4 The envelope or package shall be marked with the bid opening date and time, and

the number of the invitation for bids (1:15 PM CST, Thursday, April 4, 2013; No.

01-2013).

11.2.5 The time and date of receipt will be indicated on the envelope or package by the

Mississippi State Personnel Board (MSPB) or PSCRB staff.

11.2.6 Each page of the bid form and all attachments shall be identified with the name of

the bidder.

11.2.7 Failure to submit a bid on the bid form provided will be considered cause for

rejection of the bid. Modifications or additions to any portion of the bid

document may be cause for rejection of the bid.

11.2.8 The PSCRB reserves the right to decide, on a case-by-case basis, whether to reject

a bid with modifications or additions as nonresponsive.

11.2.9 As a precondition to bid acceptance, the PSCRB may request the bidder to

withdraw or modify those portions of the bid deemed nonresponsive that do not

affect quality, quantity, price, or delivery of the service.

11.2.10 Any bidder claiming that its response contains information exempt from the

Mississippi Public Records Act (Miss. Code Ann. § 25-61-1, et. seq), shall

segregate and mark the information as confidential and provide the specific

statutory authority for the exemption.

11.2.11 All bid packages must be received by PSCRB no later than 1:00 p.m. (CST),

Thursday, April 4, 2013. Bids submitted via facsimile (faxes) or electronically

will not be accepted. It is suggested that if a bid is mailed to PSCRB, it should be

posted in certified mail with a return receipt requested. PSCRB will not be

responsible for mail delays or lost mail.

11.2.12 Sealed bids should be mailed or hand delivered to and labeled as follows:

Laundry and Linen Services Preapproved List

Bid No. 01-2013

Opening Date: 1:00 PM CST, April 4, 2013

Personal Service Contract Review Board

Attention: Teselyn Funches


210 East Capitol Street, Suite 350

Jackson, Mississippi 39201

SEALED BID – DO NOT OPEN

Section 12 – Bidder Certification

The bidder agrees that submission of a signed bid form is certification that the bidder will accept

an award made to it as a result of the submission.

Section 13 – Debarment

By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids for

contracts issued by any political subdivision or agency of the State of Mississippi, and that it is

not an agent of a person or entity that is currently debarred from submitting bids for contracts

issued by any political subdivision or agency of the State.

Section 14 – Registration with Mississippi Secretary of State

By submitting a bid, the bidder certifies that it is registered to do business with the Mississippi

Secretary of State or, if not already registered, that it will do so within seven business days of

being notified by the PSCRB that it has been placed on the preapproved list.

Section 15 – Insurance

15.1 Each successful bidder shall maintain insurance which, at a minimum, shall include the

following types of insurance and coverage limits:

Comprehensive General Liability or Professional General Liability - $1,000,000

each occurrence for bodily injury, personal injury, accidental death, and property

damage, with the State of Mississippi added as an additional insured;

Workers Compensation as required by the State of Mississippi; and,

Employee Dishonesty Insurance or Fidelity Bond Insurance with third party

liability coverage and with limits of $1,000,000.

15.2 Each successful bidder and/or the carrier may be required to maintain the following types

of insurance with coverage limits as identified and required by the Agency:

Automobile Liability Insurance covering all vehicles, owned or otherwise, used in

the contract work with limits of $1,000,000 for injuries including accidental death to

any person and subject to the same limit for each person for any one accident

involving two or more person; and

Automobile Property Damage Insurance covering all property damage by vehicle

with limits of $1,000,000.


All insurance policies shall be issued by companies authorized to do business under

the laws of the State of Mississippi.

Agencies may require greater limits and may negotiate with vendors regarding

the same.

Section 16 – Bid Opening

Bid opening will be open to the public; however, this will include opening, reading, and

tabulating the bid price on each bid only. No discussions will be entered into with any bidder as

to the quality or provisions of the specifications and no award will be made either stated or

implied at the bid opening.

Section 17 – Award Notification

Awards for this procurement will be posted on the Mississippi State Personnel Board website at

http://www.mspb.ms.gov. Bidders will be notified via e-mail of the awards. Additionally, a

letter will be sent to all bidders.

Section 18 – Procurement Methodology

18.1 Restrictions on communication with PSCRB and MSPB staff

At no time shall any bidder contact, or attempt to contact, any PSCRB or Mississippi State

Personnel Board (MSPB) staff regarding this IFB except the contact person as set forth in

Section 4.

18.2 Cost of preparing bid

The PSCRB accepts no responsibility for any expense incurred by the bidder in the

preparation and presentation of a bid. Such expenses shall be borne exclusively by the

bidder.

18.3 Independent price determination

By submitting a bid, the bidder certifies that the prices submitted in response to the

solicitation have been arrived at independently and without any consultation,

communication, or agreement with any other bidder or competitor relating to those prices,

the intention to submit a bid, or the methods or factors used to calculate the prices bid.

18.4 Rejection of bids

A bid response that includes terms and conditions that do not conform to the terms and

conditions in the bid document is subject to rejection as nonresponsive. The PSCRB

reserves the right to permit the bidder to withdraw nonconforming terms and conditions

from its bid response prior to a determination by the PSCRB of non-responsiveness based

on the submission of nonconforming terms and conditions.



18.5 Withdrawal of bid

18.5.1 If a bidder’s price bid is substantially lower than those of other bidders, a mistake

may have been made.

18.5.2 A bidder may withdraw its bid from consideration if certain conditions are met:

(1) The bid is submitted in good faith;

(2) The price bid is substantially lower than those of other bidders because of a

mistake;

(3) The mistake is a clerical error, not an error of judgment; and,

(4) Objective evidence drawn from original work papers, documents, and other

materials used in the preparation of the bid demonstrates clearly that the

mistake was an unintentional error in arithmetic or an unintentional omission

of a quantity of labor or material.

18.5.3 To withdraw a bid that includes a clerical error after bid opening, the bidder must

give notice in writing to the PSCRB of claim of right to withdraw a bid. Within

two business days after the bid opening, the bidder requesting withdrawal must

provide to the PSCRB all original work papers, documents, and other materials

used in the preparation of the bid.

18.5.4 A bidder may also withdraw a bid, prior to the time set for the opening of bids, by

simply making a request in writing to the PSCRB. No explanation is required.

18.6 Protests

Any actual or prospective bidder, offerer, or contractor who is aggrieved in connection with

this solicitation or the outcome of this IFB may file a protest with the Director of the

PSCRB. The protest shall be submitted in writing within five (5) days after such aggrieved

person or entity knows or should have known of the facts giving rise thereto. The written

protest letter shall contain an explanation of the specific basis for the protest. A protest is

considered filed when received by the Director of the PSCRB. Protests filed after the fifth

day will not be considered.

Section 19 – Required Contract Terms and Conditions

Any contract entered into with an agency pursuant to a vendor/bidder being placed on the

preapproved list shall have the required clauses found in Attachment G. These clauses are

required by the Mississippi Personal Service Contract Review Board’s Rules and Regulations.

Section 20 – Optional Contract Terms and Conditions

Any contract entered into with an agency pursuant to a vendor/bidder being placed on the

preapproved list may have, at the discretion of the contracting agency, the optional clauses found

in Attachment H. These clauses are discretionary under the Mississippi Personal Service

Contract Review Board’s Rules and Regulations.


Section 21 – Note to Agencies and Vendors

Agencies are cautioned that this procurement may not comply with guidelines from outside

funding sources such as the Federal Government or various grants. It is the Agency’s

responsibility, when using such funding sources, to verify that this IFB meets the procurement

requirements of same. Also, this procurement does not replace agencies’ currently active

laundry and linen service contracts, and agencies will not be asked to terminate their

current contracts. Agencies do not have to contract with the vendors on the preapproved list;

however, using vendors from the list will eliminate the need for procurement.

Section 22 – Attachments

The attachments to this IFB are made a part of this IFB as if copied herein in words and figures.

Section 23 – Mississippi State Personnel Board Website

This IFB, questions and answers concerning this IFB, and the Preapproved List of Vendors for

Laundry and Linen Services will be posted on the MSPB website at http://www.mspb.ms.gov.



ATTACHMENT A


ATTACHMENT B

Illustrative Example of Awarding Placement on Preapproved List and Ranking of Bids per

Format

Unit cost will be totaled and averaged per company. After averaging, the three lowest, averaged

bids will be placed on the list for that region and ranked according to the lowest, second lowest,

and third lowest price.

Example Bid for laundry and linen services for Central Region: The example costs may not

reflect actual rates on current contracts and may be higher or lower than current rates.

This information should not be relied upon when submitting a bid.

Company A

Item Description Low Usage

Unit Price

Medium Usage

Unit Price

High Usage

Unit Price

Bath Towel (20” x 40” min; 22” x 44” max) .45 .43 .41

Hand Towel (12” x 24” min; 18” x 30” max) .24 .23 .22

Wash Cloth (12” x 12” min; 13” x 13” max) .15 .11 .07

Bar/Dish/Kitchen/Grill Towel (15” x 17”) .17 .16 .15

Bath Mat (25.5” x 19”) .33 .29 .25

Pillow Case (20” x 30” min; 42” x 34” max) .24 .22 .20

Twin Sheet – Flat .48 .47 .46

Twin Sheet – Contour/Fitted .54 .52 .50

Twin Blanket .70 .69 .68

Twin Mattress Cover .52 .50 .48

Full Sheet – Flat .70 .68 .66

Full Sheet – Contour/Fitted .75 .72 .70

Full Blanket .75 .75 .75

Full Mattress Cover .75 .72 .70

Queen Sheet – Flat .80 .78 .76

Queen Sheet – Contour/Fitted .85 .82 .80

Queen Blanket .85 .82 .81

Queen Mattress Cover .85 .82 .80

Thermal Blanket (Twin Size) .75 .75 .75

Rug, rubber with carpet (3’ x 5’) 1.55 1.50 1.45

Rug, rubber with carpet (4’ x 6’) 3.25 3.00 2.75

Dust Mop 24” 1.65 1.57 1.50

Dust Mop 48” 1.95 1.85 1.75

Aprons .39 .37 .34

Bed/Incontinent Pad (34” x 36”) .30 .30 .30

Clothing Protector (17” x 38”) .30 .30 .30

Washable Brief .40 .40 .40

Adult Bib (18” x 30”) .42 .42 .42

Laundry Bag n/c* n/c* n/c*


*A bidder may use n/c to indicate no charge for a unit item; however, bidders must submit a bid

on each item listed.

Company A averaged bid price is 0.721786 or 0.72.

Bidder Average Bid Price

Company A $0.72

Company B $0.73

Company C $0.99

Company D $0.79

Company E $0.75

Company F $0.88

Winning Bidders: Company A, Company B, Company E

Winning Bidders ranked lowest to highest: Company A, Company B, Company E


ATTACHMENT C

BID COVER SHEET

The Personal Service Contract Review Board, on behalf of the State of Mississippi, plans to

develop a Preapproved List of Providers for Laundry and Linen Services, and invites your bid.

Services listed above will be provided by region. See map of regions in Attachment A.

Bids are to be submitted to Teselyn Funches, Director, Personal Service Contract Review Board

(PSCRB), 210 East Capital Street, Suite 350, Jackson, MS 39201, on or before 1:00 PM CST,

Thursday, April 4, 2013.

PLEASE MARK YOUR ENVELOPE: BID DATE—April 4, 2013, 1:15 PM CST

NAME OF COMPANY _________________________________________________________

QUOTED BY _________________________________________________________________

SIGNATURE _________________________________________________________________

ADDRESS ____________________________________________________________________

CITY/STATE/ZIP _____________________________________________________________

TELEPHONE _________________________________________________________________

FAX NUMBER ________________________________________________________________

EMAIL ADDRESS ____________________________________________________________

NAME AND PHONE NUMBER OF COMPANY REPRESENTATIVE TO BE

CONTACTED BY AGENCIES SEEKING TO CONTRACT FOR SERVICES

PURSUANT TO THIS IFB______________________________________________________


In addition to providing the above contact information, please answer the following

questions regarding your company:

What year was your company started? ______________________________________________

How many accounts of comparable type and/or size of operation does your company provide

these services for in the past two years? _____________________________________________

______________________________________________________________________________

Please provide the physical location and mailing address of your company’s office in the region

bid.__________________________________________________________________________

______________________________________________________________________________

If your company is not physically located in the region, how will you supply laundry and linen

services to agencies in the region? __________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Is your company currently for sale or involved in any transaction to expand or to become

acquired by another business entity? If yes, please discuss the impact both in organizational and

directional terms. _______________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________


ATTACHMENT D

BID FORM FOR LAUNDRY AND LINEN SERVICES

Services to be provided in Region: _________________________________________________

Company Contact Person Telephone Number

Item Description Low Usage

Unit Price

Medium Usage

Unit Price

High Usage

Unit Price

Bath Towel (20” x 40” min; 22” x 44” max)

Hand Towel (12” x 24” min; 18” x 30” max)

Wash Cloth (12” x 12” min; 13” x 13” max)

Bar/Dish/Kitchen/Grill Towel (15” x 17”)

Bath Mat (25.5” x 19”)

Pillow Case (20” x 30” min; 42” x 34” max)

Twin Sheet – Flat

Twin Sheet – Contour/Fitted

Twin Blanket

Twin Mattress Cover

Full Sheet – Flat

Full Sheet – Contour/Fitted

Full Blanket

Full Mattress Cover

Queen Sheet – Flat

Queen Sheet – Contour/Fitted

Queen Blanket

Queen Mattress Cover

Thermal Blanket (Twin Size)

Rug, rubber with carpet (3’ x 5’)

Rug, rubber with carpet (4’ x 6’)

Dust Mop 24”

Dust Mop 48”

Aprons

Bed/Incontinent Pad (34” x 36”)

Clothing Protector (17” x 38”)

Washable Brief

Adult Bib (18” x 30”)

Laundry Bag


By signing below, the company representative certifies that he/she has authority to bind the

company, and further acknowledges and certifies on behalf of the company:

1. That he/she has thoroughly read and understands the Invitation for Bids and Attachments

thereto;

2. That the company meets all requirements and acknowledges all certifications contained in the

Invitation for Bids and Attachments thereto;

3. That the company agrees to all provisions of the Invitation for Bids and Attachments thereto

including, but not limited to, the Required and Optional Clauses to be included in any

contract resulting from this IFB (Attachments G and H);

4. That the company will perform the services required at the prices quoted above;

5. That, to the best of its knowledge and belief, the cost or pricing data submitted is accurate,

complete, and current as of the submission date; and,

6. NON-DEBARMENT-By submitting a bid, the bidder certifies that it is not currently debarred

from submitting bids for contracts issued by any political subdivision or agency of the State

of Mississippi and that it is not an agent of a person or entity that is currently debarred from

submitting bids for contracts issued by any political subdivision or agency of the State of

Mississippi.

7. INDEPENDENT PRICE DETERMINATION-The bidder certifies that the prices submitted in

response to the solicitation have been arrived at independently and without - for the purpose

of restricting competition - any collusion, consultation, communication, or agreement with

any other bidder or competitor relating to those prices, the intention to submit a bid, or the

methods or factors used to calculate the prices bid/offered.

8. REPRESENTATION REGARDING GRATUITIES-The bidder, offeror, or contractor

represents that it has not violated, is not violating, and promises that it will not violate the

prohibition against gratuities set forth in Section 6-204 (Gratuities) of the Mississippi

Personal Service Contract Review Board Rules and Regulations.

9. PROSPECTIVE CONTRACTOR’S REPRESENTATION REGARDING CONTINGENT

FEES-The prospective contractor represents as a part of such Contractor’s bid or proposal

that such Contractor has/has not (please circle applicable word or words) retained any

person or agency on a percentage, commission, or other contingent arrangement to secure

this contract.

10. REPRESENTATION REGARDING CONTINGENT FEES-The Contractor represents that it

has/has not (please circle applicable word or words) retained a person to solicit or secure a

State contract upon an agreement or understanding for a commission, percentage, brokerage,

or other contingent fee, except as disclosed in the Contractor’s bid or proposal.

Company Name: _______________________________________________________________

Printed name of representative: ____________________________________________________

Date: _________________________________________________________________________

Signature: ____________________________________________________________________


ATTACHMENT E

REFERENCES

REFERENCE 1

Name of Company:

Dates of Service:

Contact Person:

Address:

City/State/Zip:

Telephone Number:

Cell Number:

E-mail:

Alternative Contact Person (optional):

Telephone Number:

Cell Number:

E-mail:

REFERENCE 2

Name of Company:

Dates of Service:

Contact Person:

Address:

City/State/Zip:

Telephone Number:

Cell Number:

E-mail:


Telephone Number:

Cell Number:

E-mail:

REFERENCE 3

Name of Company:

Dates of Service:

Contact Person:

Address:

City/State/Zip:

Telephone Number:

Cell Number:

E-mail:


Telephone Number:

Cell Number:

E-mail:

Bidder may submit as many references as desired. References will be contacted in order listed until

two references have been interviewed and Reference Score Sheets completed for each of the two

references. No further references will be contacted; however, bidders are encouraged to submit

additional references to ensure that at least two references are available for interview. The PSCRB

staff must be able to contact two references within two PSCRB business days of bid opening to be

considered responsive.


ATTACHMENT F

Reference Score Sheet

TO BE COMPLETED BY PSCRB STAFF ONLY

Region: _______________________________________________________________________

Bidder Name: _________________________________________________________________

Reference Name: _______________________________________________________________

Spoke to: _____________________________________________________________________

Score:________________________________________________________________________

Able to provide laundry and

linen services when you

called

Yes No

Satisfied with the laundry

and linen services provided

Yes No

Vendor easy to work with in

scheduling laundry and

linen services

Yes No

Vendor listened when you

had an issue and readily

offered a solution

(if never had an issue,

please mark here ___)

Yes No

Would you recommend? Yes No

Each “yes” is one point; each “no” is zero points. Bidder must have a minimum score of “4”

from two references (total of “8” points) to be considered responsible and for its bid to be

considered.

Called by: _____________________________________________________________________

Date/Time: ____________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________


ATTACHMENT G

Required Clauses for Service Contracts Resulting from this IFB

Note: Words appearing in brackets “[ ]” may be substituted for the appropriate State Agency

reference.

1. Applicable Law: This contract shall be governed by and construed in accordance with the

laws of the State of Mississippi, excluding its conflicts of laws provisions, and any

litigation with respect thereto shall be brought in the courts of the State. The Contractor

shall comply with applicable federal, state and local laws and regulations.

2. Availability of Funds: It is expressly understood and agreed that the obligation of the

Agency to proceed under this agreement is conditioned upon the appropriation of funds by

the Mississippi State Legislature and the receipt of state and/or federal funds. If the funds

anticipated for the continuing fulfillment of the agreement are, at any time, not forthcoming

or insufficient, either through the failure of the federal government to provide funds or of

the State of Mississippi to appropriate funds or the discontinuance or material alteration of

the program under which funds were provided or if funds are not otherwise available to the

Agency, the Agency shall have the right upon ten (10) working days written notice to the

Contractor, to terminate this agreement without damage, penalty, cost or expenses to the

Agency of any kind whatsoever. The effective date of termination shall be as specified in

the notice of termination.

3. Representation Regarding Contingent Fees: The Contractor represents that it has not

retained a person to solicit or secure a State contract upon an agreement or understanding

for a commission, percentage, brokerage, or contingent fee, except as disclosed in the

Contractor’s bid or proposal.

4. Representation Regarding Gratuities: The Contractor represents that it has not violated, is

not violating, and promises that it will not violate the prohibition against gratuities set forth

in Section 6-204 (Gratuities) of the Mississippi Personal Service Contract Rules and

Regulations.

5. Compliance with Laws: The Contractor understands that the [AGENCY NAME] is an

equal opportunity employer and therefore, maintains a policy which prohibits unlawful

discrimination based on race, color, creed, sex, age, national origin, physical handicap,

disability, genetic information, or any other consideration made unlawful by federal, State,

or local laws. All such discrimination is unlawful and the Contractor agrees during the

term of the agreement that the Contractor will strictly adhere to this policy in its

employment practices and provision of services. The Contractor shall comply with, and all

activities under this agreement shall be subject to, all applicable federal, State of

Mississippi, and local laws and regulations, as now existing and as may be amended or

modified.

6. Insurance: The Contractor represents that it will maintain workers’ compensation

insurance as required by the State of Mississippi which shall inure to the benefit of all the


Contractor’s personnel provided hereunder; comprehensive general liability or professional

liability insurance, with minimum limits of $1,000,000 per occurrence for bodily injury,

personal injury, accidental death, and property damage; and employee dishonesty insurance

or fidelity bond insurance with minimum limits of $1,000,000 with third party liability

coverage. The Contractor represents that it may be required to maintain automobile liability

insurance covering all vehicles, owed or otherwise, used in the contract work with limits of

$1,000,000 for injuries including accidental death to any person and subject to the same

limit for each person for any one accident involving two or more person; and automobile

property damage insurance covering all property damage by automobile with limits of

$1,000,000 for all property damage by automobile. All general liability, professional

liability, employee dishonesty, fidelity bond, automobile liability, and automobile property

damage insurance will provide coverage to the State of Mississippi as an additional insured.

The [AGENCY NAME] reserves the right to request from carriers, certificates of insurance

regarding the required coverage. Insurance carriers must be licensed or hold a Certificate

of Authority from the Mississippi Department of Insurance.

7. Stop Work Order:

a. Order to Stop Work: The Agency, may, by written order to the Contractor at any time,

and without notice to any surety, require the Contractor to stop all or any part of the

work called for by this contract. This order shall be for a specified period not exceeding

90 days after the order is delivered to the Contractor, unless the parties agree to any

further period. Any such order shall be identified specifically as a stop work order

issued pursuant to this clause. Upon receipt of such an order, the Contractor shall

forthwith comply with its terms and take all reasonable steps to minimize the

occurrence of costs allocable to the work covered by the order during the period of

work stoppage. Before the stop work order expires, or within any further period to

which the parties shall have agreed, the Agency shall either:

i. cancel the stop work order; or,

ii. terminate the work covered by such order as provided in the Termination for

Default Clause or the Termination for Convenience Clause of this contract, if

applicable.

b. Cancellation or Expiration of the Order: If a stop work order issued under this clause

is cancelled at any time during the period specified in the order, or if the period of the

order or any extension thereof expires, the Contractor shall have the right to resume

work. An appropriate adjustment shall be made in the delivery schedule or contractor

price, or both, and the contract shall be modified in writing accordingly, if:

i. the stop work order results in an increase in the time required for, or in the

Contractor’s cost properly allocable to, the performance of any part of this contract;

and,

ii. the Contractor asserts a claim for such an adjustment within 30 days after the end of

the period of work stoppage; provided that, if the Agency decides that the facts

justify such action, any such claim asserted may be received and acted upon at any

time prior to final payment under this contract.


c. Termination of Stopped Work: If a stop work order is not canceled and the work

covered by such order is terminated for default or convenience, the reasonable costs

resulting from the stop work order shall be allowed by adjustment or otherwise.

8. Termination for Convenience:

a. Termination: The Agency may, when the interests of the State so require, terminate

this contract in whole or in part, for the convenience of the State. The Agency shall

give written notice of the termination to the Contractor specifying the part of the

contract terminated and when termination becomes effective.

b. Contractor's Obligations: The Contractor shall incur no further obligations in

connection with the terminated work and on the date set in the notice of termination the

Contractor will stop work to the extent specified. The Contractor shall also terminate

outstanding orders and subcontracts as they relate to the terminated work. The

Contractor shall settle the liabilities and claims arising out of the termination of

subcontracts and orders connected with the terminated work. The Agency may direct

the Contractor to assign the Contractor's right, title, and interest under terminated orders

or subcontracts to the State. The Contractor must still complete the work not

terminated by the notice of termination and may incur obligations as are necessary to

do so.

9. Termination for Default:

a. Default: If the Contractor refuses or fails to perform any of the provisions of this

contract with such diligence as will ensure its completion within the time specified in

this contract or any extension thereof, or otherwise fails to timely satisfy the contract

provisions, or commits any other substantial breach of this contract, the Agency may

notify the Contractor in writing of the delay or nonperformance and if not cured in ten

days or any longer time specified in writing by the Agency, the Agency may terminate

the Contractor's right to proceed with the contract or such part of the contract as to

which there has been delay or a failure to properly perform. In the event of termination

in whole or in part, the Agency may procure similar supplies or services in a manner

and upon terms deemed appropriate by the Agency. The Contractor shall continue

performance of the contract to the extent it is not terminated and shall be liable for

excess costs incurred in procuring similar goods or services.

b. Contractor's Duties: Notwithstanding termination of the contract and subject to any

directions from the Agency, the Contractor shall take timely, reasonable, and necessary

action to protect and preserve property in the possession of the Contractor in which the

State has an interest.

c. Compensation: Payment for completed services delivered and accepted by the State

shall be at the contract price. The State may withhold from amounts due the Contractor

such sums as the Agency deems to be necessary to protect the State against loss

because of outstanding liens or claims of former lien holders and to reimburse the State

for the excess costs incurred in procuring similar goods and services.


d. Excuse for Nonperformance or Delayed Performance: Except with respect to defaults

of subcontractors, the Contractor shall not be in default by reason of any failure in

performance of this contract in accordance with its terms (including any failure by the

Contractor to make progress in the prosecution of the work hereunder which endangers

such performance) if the Contractor has notified the Agency within 15 days after the

cause of the delay and the failure arises out of causes such as: acts of God; acts of the

public enemy; acts of the State and any other governmental entity in its sovereign or

contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other

labor disputes; freight embargoes; or unusually severe weather. If the failure to

perform is caused by the failure of a subcontractor to perform or to make progress, and

if such failure arises out of causes similar to those set forth above, the Contractor shall

not be deemed to be in default, unless the services to be furnished by the subcontractor

were reasonably obtainable from other sources in sufficient time to permit the

Contractor to meet the contract requirements. Upon request of the Contractor, the

Agency shall ascertain the facts and extent of such failure, and, if the Agency

determines that any failure to perform was occasioned by any one or more of the

excusable causes, and that, but for the excusable cause, the Contractor's progress and

performance would have met the terms of the contract, the delivery schedule shall be

revised accordingly, subject to the rights of the State under the clause entitled (in fixed-

price contracts, "Termination for Convenience," in cost-reimbursement contracts,

"Termination"). (As used in this Paragraph of this clause, the term "subcontractor"

means subcontractor at any tier).

e. Erroneous Termination for Default: If, after notice of termination of the Contractor's

right to proceed under the provisions of this clause, it is determined for any reason that

the contract was not in default under the provisions of this clause, or that the delay was

excusable under the provisions of Paragraph (4) (Excuse for Nonperformance or

Delayed Performance) of this clause, the rights and obligations of the parties shall, if

the contract contains a clause providing for termination for convenience of the State, be

the same as if the notice of termination had been issued pursuant to such clause.

f. Additional Rights and Remedies: The rights and remedies provided in this clause are in

addition to any other rights and remedies provided by law or under this contract.

10. E-Payment: The Contractor agrees to accept all payments in United States currency via the

State of Mississippi’s electronic payment and remittance vehicle. The Agency agrees to

make payment in accordance with Mississippi law on “Timely Payments for Purchases by

Public Bodies,” Mississippi Code Annotated §31-7-301, et seq., which generally provides

for payment of undisputed amounts by the Agency within forty-five (45) days of receipt of

invoice.

11. E-Verification: The Contractor represents and warrants that it will ensure its compliance

with the Mississippi Employment Protection Act, Mississippi Code Annotated §§71-11-1

and 71-11-3, and will register and participate in the status verification system for all newly

hired employees. The term “employee” as used herein means any person that is hired to

perform work within the State of Mississippi. As used herein, “status verification system”

means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is

operated by the United States Department of Homeland Security, also known as the E-


Verify Program, or any other successor electronic verification system replacing the E-

Verify Program. Contractor agrees to maintain records of such compliance and, upon

request of the State, to provide a copy of each such verification to the State. Contractor

further represents and warrants that any person assigned to perform services hereafter

meets the employment eligibility requirements of all immigration laws of these warranties,

the breach of which may subject Contractor to the following:

a. termination of this Agreement and ineligibility for any state or public contract in

Mississippi for up to three (3) years with notice of such cancellation/termination being

made public;

b. the loss of any license, permit, certification or other document granted to the Contractor

by an Agency, department or governmental entity for the right to do business in

Mississippi for up to one (1) year; or,

c. both.

In the event of such termination/cancellation, the Contractor shall also be liable for any

additional costs incurred by the State due to contract cancellation or loss of license or

permit.

12. Transparency: This contract, including any accompanying exhibits, attachments, and

appendices, is subject to the “Mississippi Public Records Act of 1983,” codified as § 25-

61-1 et seq., Mississippi Code Annotated and exceptions found in § 79-23-1 of the

Mississippi Code Annotated (1972, as amended). In addition, this contract is subject to the

provisions of the Mississippi Accountability and Transparency Act of 2008 (MATA),

codified as § 31-7-13 of the Mississippi Code Annotated (1972, as amended). Unless

exempted from disclosure due to a court-issued protective order, this contract is required to

be posted to the Department of Finance and Administration’s independent Agency contract

website for public access. Prior to posting the contract to the website, any information

identified by the Contractor as trade secrets, or other proprietary information including

confidential vendor information, or any other information which is required confidential by

state or federal law or outside the applicable freedom of information statutes will be

redacted.

13. Paymode: Payments by state agencies using the Statewide Automated Accounting System

(SAAS) shall be made and remittance information provided electronically as directed by

the State. These payments shall be deposited into the bank account of the Contractor’s

choice. The State, may at its sole discretion, require the Contractor to submit invoices and

supporting documentation electronically at any time during the term of this Agreement.

The Contractor understands and agrees that the State is exempt from the payment of taxes.

All payments shall be in United States currency.

14. Procurement Regulations: This contract shall be governed by the applicable provisions of

the Personal Service Contract Review Board Regulations, a copy of which is available at

210 East Capitol, Suite 800, Jackson, MS, for inspection, or downloadable at

http://www.mspb.ms.gov.



ATTACHMENT H

Optional Clauses for Use in Service Contracts Resulting from this IFB

(At Discretion of Contracting Agency)

Appendix H includes (alphabetically by title) various service contracting clauses which are

available for use. Many clauses require the inclusion of additional information. A word or

phrase in square brackets indicates that the information identified is to be inserted (e.g., [time],

[date]). Clarifications of clauses are in parentheses within or at the end of the clause. These are

discretionary and the Agency is neither required to use them nor prohibited from using others

which are not included in this appendix.

1. Anti-assignment/subcontracting: The Contractor acknowledges that it was selected by the

State to perform the services required hereunder based, in part, upon the Contractor’s

special skills and expertise. The Contractor shall not assign, subcontract, or otherwise

transfer this agreement, in whole or in part, without the prior written consent of the State,

which the State may, in its sole discretion, approve or deny without reason. Any attempted

assignment or transfer of its obligations without such consent shall be null and void. No

such approval by the State of any subcontract shall be deemed in any way to provide for the

incurrence of any obligation of the State in addition to the total fixed price agreed upon in

this agreement. Subcontracts shall be subject to the terms and conditions of this agreement

and to any conditions of approval that the State may deem necessary. Subject to the

foregoing, this agreement shall be binding upon the respective successors and assigns of

the parties.

2. Approval: It is understood that this contract requires approval by the Personal Service

Contract Review Board. If this contract is not approved, it is void and no payment shall be

made hereunder.

3. Attorneys’ fees and expenses: Subject to other terms and conditions of this agreement, in

the event the Contractor defaults in any obligations under this agreement, the Contractor

shall pay to the State all costs and expenses (including, without limitation, investigative

fees, court costs, and attorney’s fees) incurred by the State in enforcing this agreement or

otherwise reasonably related thereto. Contractor agrees that under no circumstances shall

the customer be obligated to pay any attorney’s fees or costs of legal action to the

Contractor.

4. Authority to contract: Contractor warrants: (a) that it is a validly organized business with

valid authority to enter into this agreement; (b) that it is qualified to do business and in

good standing in the State of Mississippi; (c) that entry into and performance under this

agreement is not restricted or prohibited by any loan, security, financing, contractual, or

other agreement of any kind; and, (d) notwithstanding any other provision of this

agreement to the contrary, that there are no existing legal proceedings or prospective legal

proceedings, either voluntary or otherwise, which may adversely affect its ability to

perform its obligations under this agreement.


5. Confidential information: “Confidential Information” shall mean: (a) those materials,

documents, data, and other information which the Contractor has designated in writing as

proprietary and confidential; and, (b) all data and information which the Contractor

acquires as a result of its contact with and efforts on behalf of the customer and any other

information designated in writing as confidential by the State. Each party to this agreement

agrees to the following:

(1) to protect all confidential information provided by one party to the other;

(2) to treat all such confidential information as confidential to the extent that

confidential treatment is allowed under State and/or federal law; and,

(3) except as otherwise required by law, not to publish or disclose such information to

any third party without the other party’s written permission; and,

(4) to do so by using those methods and procedures normally used to protect the party’s

own confidential information.

Any liability resulting from the wrongful disclosure of confidential information on the part

of the Contractor or its subcontractor shall rest with Contractor. Disclosure of any

confidential information by the Contractor or its subcontractor without the express written

approval of the customer shall result in the immediate termination of this agreement

6. Confidentiality: Notwithstanding any provision to the contrary contained herein, it is

recognized that the Agency is a public Agency of the State of Mississippi and is subject to

the Mississippi Public Records Act, Mississippi Code Annotated §25-61-1, et seq. If a

public records request is made for any information provided to the Agency pursuant to the

agreement, the Agency shall promptly notify the disclosing party of such request and will

respond to the request only in accordance with the procedures and limitations set forth in

applicable law. The disclosing party shall promptly institute appropriate legal proceedings

to protect its information. No party to the agreement shall be liable to the other party for

disclosures of information required by court order or required by law.

7. Contractor personnel: The Agency shall, throughout the life of the contract, have the right

of reasonable rejection and approval of staff or subcontractors assigned to the work by the

Contractor. If the Agency reasonably rejects staff or subcontractors, the Contractor must

provide replacement staff or subcontractors satisfactory to the Agency in a timely manner

and at no additional cost to the Agency. The day-to-day supervision and control of the

Contractor’s employees and subcontractors is the sole responsibility of the Contractor.

8. Debarment and suspension: The Contractor certifies to the best of its knowledge and belief,

that it:

(1) is not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transaction by any Federal department or Agency or

any political subdivision or Agency of the State of Mississippi;


(2) has not, within a three year period preceding this proposal, been convicted of or had a

civil judgment rendered against it for commission of fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (Federal, State,

or local) transaction or contract under a public transaction;

(3) has not, within a three year period preceding this proposal, been convicted of or had a

civil judgment rendered against it for a violation of Federal or State antitrust statutes or

commission of embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements, or receiving stolen property;

(4) is not presently indicted for or otherwise criminally or civilly charged by a

governmental entity (Federal, State or local) with commission of any of these offenses

enumerated in paragraphs two (2) and (3) of this certification; and,

(5) has not, within a three year period preceding this proposal, had one or more public

transactions (Federal, State, or local) terminated for cause or default.

9. Disclosure of confidential information: In the event that either party to this agreement

receives notice that a third party requests divulgence of confidential or otherwise protected

information and/or has served upon it a subpoena or other validly issued administrative or

judicial process ordering divulgence of confidential or otherwise protected information that

party shall promptly inform the other party and thereafter respond in conformity with such

subpoena to the extent mandated by law. This section shall survive the termination or

completion of this agreement. The parties agree that this section is subject to and

superseded by Mississippi Code Annotated §25-61-1, et seq.

10. Exceptions to confidential information: Contractor and the State shall not be obligated to

treat as confidential and proprietary any information disclosed by the other party

(“disclosing party”) which:

(1) is rightfully known to the recipient prior to negotiations leading to this agreement, other

than information obtained in confidence under prior engagements;

(2) is generally known or easily ascertainable by nonparties of ordinary skill in the business

of the customer;

(3) is released by the disclosing party to any other person, firm, or entity (including

governmental agencies or bureaus) without restriction;

(4) is independently developed by the recipient without any reliance on confidential

information;

(5) is or later becomes part of the public domain or may be lawfully obtained by the State

or the Contractor from any nonparty; or,

(6) is disclosed with the disclosing party’s prior written consent.


11. Errors in extension: If the unit price and the extension price are at variance, the unit price

shall prevail.

12. Failure to deliver: In the event of failure of the Contractor to deliver services in accordance

with the contract terms and conditions, the Agency, after due oral or written notice, may

procure the services from other sources and hold the Contractor responsible for any

resulting additional purchase and administrative costs. This remedy shall be in addition to

any other remedies that the Agency may have.

13. Failure to enforce: Failure by the Agency at any time to enforce the provisions of the

contract shall not be construed as a waiver of any such provisions. Such failure to enforce

shall not affect the validity of the contract or any part thereof or the right of the Agency to

enforce any provision at any time in accordance with its terms.

14. Final payment: Upon satisfactory completion of the work performed under this contract, as

a condition before final payment under this contract, or as a termination settlement under

this contract, the Contractor shall execute and deliver to the Agency a release of all claims

against the State arising under, or by virtue of, the contract, except claims which are

specifically exempted by the Contractor to be set forth therein. Unless otherwise provided

in this contract, by state law, or otherwise expressly agreed to by the parties in this contract,

final payment under the contract or settlement upon termination of this contract shall not

constitute waiver of the State’s claims against the Contractor under this contract.

15. Force majeure: Each party shall be excused from performance for any period and to the

extent that it is prevented from performing any obligation or service, in whole or in part, as

a result of causes beyond the reasonable control and without the fault or negligence of such

party and/or its subcontractors. Such acts shall include without limitation acts of God,

strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed

after the fact, fire, earthquakes, floods, or other natural disasters (“force majeure events”).

When such a cause arises, the Contractor shall notify the State immediately in writing of

the cause of its inability to perform, how it affects its performance, and the anticipated

duration of the inability to perform. Delays in delivery or in meeting completion dates due

to force majeure events shall automatically extend such dates for a period equal to the

duration of the delay caused by such events, unless the State determines it to be in its best

interest to terminate the agreement.

16. HIPAA compliance: Contractor agrees to comply with the “Administrative Simplification”

provisions of the Health Insurance Portability and Accountability Act of 1996, including

electronic data interchange, code sets, identifiers, security, and privacy provisions, as may

be applicable to the services under this contract.

17. Indemnification: To the fullest extent allowed by law, the Contractor shall indemnify,

defend, save and hold harmless, protect, and exonerate the Agency, its commissioners,

board members, officers, employees, agents, representatives, and the State of Mississippi

from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs

of every kind and nature whatsoever including, without limitation, court costs, investigative

fees and expenses, and attorneys’ fees, arising out of or caused by the Contractor and/or its

partners, principals, agents, employees and/or subcontractors in the performance of or


failure to perform this agreement. In the Agency’s sole discretion, the Contractor may be

allowed to control the defense of any such claim, suit, etc. In the event the Contractor

defends said claim, suit, etc., the Contractor shall use legal counsel acceptable to the

Agency. The Contractor shall be solely responsible for all costs and/or expenses associated

with such defense, and the Agency shall be entitled to participate in said defense. The

Contractor shall not settle any claim, suit, etc., without the Agency’s concurrence, which

the Agency shall not unreasonably withhold.

18. Independent contractor status: The Contractor shall, at all times, be regarded as and shall

be legally considered an independent contractor and shall at no time act as an agent for the

State. Nothing contained herein shall be deemed or construed by the State, the Contractor,

or any third party as creating the relationship of principal and agent, master and servant,

partners, joint ventures, employer and employee, or any similar such relationship between

the State and the Contractor. Neither the method of computation of fees or other charges,

nor any other provision contained herein, nor any acts of the State or the Contractor

hereunder creates, or shall be deemed to create a relationship other than the independent

relationship of the State and the Contractor. The Contractor’s personnel shall not be

deemed in any way, directly or indirectly, expressly or by implication, to be employees of

the State. Neither the Contractor nor its employees shall, under any circumstances, be

considered servants, agents, or employees of the [AGENCY NAME], and the [AGENCY

NAME] shall be at no time legally responsible for any negligence or other wrongdoing by

the contractor, its servants, agents, or employees. The [AGENCY NAME] shall not

withhold from the contract payments to the Contractor any federal or State unemployment

taxes, federal or State income taxes, Social Security tax, or any other amounts for benefits

to the Contractor. Further, the [AGENCY NAME] shall not provide to the Contractor any

insurance coverage or other benefits, including Worker’s Compensation, normally provided

by the State for its employees

19. Integrated agreement/merger: This agreement, including all contract documents, represents

the entire and integrated agreement between the parties hereto and supersedes all prior

negotiations, representations or agreements, irrespective of whether written or oral. This

agreement may be altered, amended, or modified only by a written document executed by

the State and the Contractor. The Contractor acknowledges that it has thoroughly read all

contract documents and has had the opportunity to receive competent advice and counsel

necessary for it to form a full and complete understanding of all rights and obligations

herein. Accordingly, this agreement shall not be construed or interpreted in favor of or

against the State or the Contractor on the basis of draftsmanship or preparation hereof.

20. Modification or renegotiation: This agreement may be modified only by written agreement

signed by the parties hereto. The parties agree to renegotiate the agreement if federal

and/or State revisions of any applicable laws or regulations make changes in this agreement

necessary.

21. No limitation of liability: Nothing in this agreement shall be interpreted as excluding or

limiting any tort liability of the Contractor for harm caused by the intentional or reckless

conduct of the Contractor or for damages incurred through the negligent performance of

duties by the Contractor or the delivery of products that are defective due to negligent

construction.


22. Notices: All notices required or permitted to be given under this agreement must be in

writing and personally delivered or sent by certified United States mail, postage prepaid,

return receipt requested, to the party to whom the notice should be given at the address set

forth below. Notice shall be deemed given when actually received or when refused. The

parties agree to promptly notify each other in writing of any change of address.

For the Contractor: [name, title, contractor, address]

For the Agency: [name, title, agency, address]

23. Non-solicitation of employees: Each party to this agreement agrees not to employ or to

solicit for employment, directly or indirectly, any persons in the full-time or part-time

employment of the other party until at least six (6) months after this agreement terminates

unless mutually agreed to in writing by the State and the Contractor.

24. Oral statements: No oral statement of any person shall modify or otherwise affect the

terms, conditions, or specifications stated in this contract. All modifications to the contract

must be made in writing by the Agency and agreed to by the Contractor.

25. Ownership of documents and work papers: Agency shall own all documents, files, reports,

work papers and working documentation, electronic or otherwise, created in connection

with the project which is the subject of this agreement, except for the Contractor’s internal

administrative and quality assurance files and internal project correspondence. The

Contractor shall deliver such documents and work papers to Agency upon termination or

completion of the agreement. The foregoing notwithstanding, the Contractor shall be

entitled to retain a set of such work papers for its files. The Contractor shall be entitled to

use such work papers only after receiving written permission from Agency and subject to

any copyright protections.

26. Priority: The contract consists of this agreement with exhibits, the PSCRB Invitation for

Bids 01-2013 (hereinafter referred to as IFB), and the bid by [CONTRACTOR NAME]

dated [add date] (hereinafter referred to as Bid). Any ambiguities, conflicts or questions of

interpretation of this contract shall be resolved by first, reference to this agreement with

exhibits and, if still unresolved, by reference to the IFB and, if still unresolved, by

reference to the bid. Omission of any term or obligation from this agreement shall not be

deemed an omission from this contract if such term or obligation is provided for elsewhere

in this contract.

27. Quality control: The Contractor shall institute and maintain throughout the contract period

a properly documented quality control program designed to ensure that the services are

provided at all times and in all respects in accordance with the contract. The program shall

include providing daily supervision and conducting frequent inspections of the Contractor’s

staff and ensuring that accurate records are maintained describing the disposition of all

complaints. The records so created shall be open to inspection by the Agency.

28. Record retention and access to records: Provided the Contractor is given reasonable

advance written notice and such inspection is made during normal business hours of the

Contractor, the State or any duly authorized representatives shall have unimpeded, prompt


access to any of the Contractor’s books, documents, papers, and/or records which are

maintained or produced as a result of the project for the purpose of making audits,

examinations, excerpts, and transcriptions. All records related to this agreement shall be

retained by the Contractor for three years after final payment is made under this agreement

and all pending matters are closed; however, if any audit, litigation or other action arising

out of or related in any way to this project is commenced before the end of the three year

period, the records shall be retained for one year after all issues arising out of the action are

finally resolved or until the end of the three year period, whichever is later.

29. Recovery of money: Whenever, under the contract, any sum of money shall be recoverable

from or payable by the Contractor to the Agency, the same amount may be deducted from

any sum due to the Contractor under the contract or under any other contract between the

Contractor and the Agency. The rights of the Agency are in addition and without prejudice

to any other right the Agency may have to claim the amount of any loss or damage suffered

by the Agency on account of the acts or omissions of the Contractor.

30. Right to audit: The Contractor shall maintain such financial records and other records as

may be prescribed by the Agency or by applicable federal and State laws, rules, and

regulations. The Contractor shall retain these records for a period of three years after final

payment, or until they are audited by the Agency, whichever event occurs first. These

records shall be made available during the term of the contract and the subsequent three-

year period for examination, transcription, and audit by the Mississippi State Auditor’s

Office, its designees, or other authorized bodies.

31. Right to inspect facility: The State may, at reasonable times, inspect the place of business

of a Contractor or any subcontractor which is related to the performance of any contract

awarded by the State.

32. Severability: If any part of this agreement is declared to be invalid or unenforceable, such

invalidity or unenforceability shall not affect any other provision of the agreement that can

be given effect without the invalid or unenforceable provision, and to this end the

provisions hereof are severable. In such event, the parties shall amend the agreement as

necessary to reflect the original intent of the parties and to bring any invalid or

unenforceable provisions in compliance with applicable law.

33. State property: Contractor will be responsible for the proper custody and care of any State-

owned property furnished for Contractor’s use in connection with the performance of this

agreement. Contractor will reimburse the State for any loss or damage, normal wear and

tear excepted.

34. Termination upon bankruptcy: This contract may be terminated in whole or in part by

[AGENCY NAME] upon written notice to the Contractor, if the Contractor should become

the subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or

upon the execution by the Contractor of an assignment for the benefit of its creditors. In

the event of such termination, the Contractor shall be entitled to recover just and equitable

compensation for satisfactory work performed under this contract, but in no case shall said

compensation exceed the total contract price.


35. Third party action notification: Contractor shall give the customer prompt notice in writing

of any action or suit filed, and prompt notice of any claim made against Contractor by any

entity that may result in litigation related in any way to this agreement.

36. Unsatisfactory work: If, at any time during the contract term, the service performed or

work done by the Contractor is considered by the Agency to create a condition that

threatens the health, safety, or welfare of the citizens and/or employees of the State of

Mississippi, the Contractor shall, on being notified by the Agency, immediately correct

such deficient service or work. In the event the Contractor fails, after notice, to correct the

deficient service or work immediately, the Agency shall have the right to order the

correction of the deficiency by separate contract or with its own resources at the expense of

the Contractor.

37. Waiver: No delay or omission by either party to this agreement in exercising any right,

power, or remedy hereunder or otherwise afforded by contract, at law, or in equity shall

constitute an acquiescence therein, impair any other right, power or remedy hereunder or

otherwise afforded by any means, or operate as a waiver of such right, power, or remedy.

No waiver by either party to this agreement shall be valid unless set forth in writing by the

party making said waiver. No waiver of or modification to any term or condition of this

agreement will void, waive, or change any other term or condition. No waiver by one party

to this agreement of a default by the other party will imply, be construed as or require

waiver of future or other defaults.

Documents

Preapproved List of Vendors for Laundry and Linen Services · INVITATION FOR BIDS No. 01-2013 Mississippi Preapproved List of Vendors for Laundry and Linen Services Personal Service